Fragstein v. Hamilton Home Builders et al
| Karl G. Fragstein |
| Robert's Mobile Home Service, Travelers Casual and Surety Company of America, Texas Attorney General, Hamilton Home Builders, Western Surety Company, Texas Department of Housing and Community Affairs, Summit Housing Transport, Wright's Manufactured Homes, Texas Department of Insurance, Internation Fidelity Insurance Company, Texas Governor, Texas Secretary of State and Texas Manufactured Housing Division |
| 1:2024cv02614 |
| September 23, 2024 |
| U.S. District Court for the District of Colorado |
| Timothy P O'Hara |
| Nina Y Wang |
| Civil Rights: Other |
| 42 U.S.C. § 5401 Natl Mnfactrd Housing Cnstr Safety Standard Act 1974 |
| Plaintiff |
Docket Report
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This docket was last retrieved on August 8, 2025. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 38 MEMORANDUM regarding #37 Amended MOTION to Clarify. Motion referred to Magistrate Judge Timothy P. O'Hara. By Judge Nina Y. Wang on 11/21/2024. Text Only Entry (nywlc7, ) |
| Filing 37 Amended MOTION to Clarify 1:24-cv-02614-NYW-TPO by Defendant Robert's Mobile Home Service. (Fragstein, Karl) |
| Filing 36 SUMMONS issued by Clerk, over the counter. (echa, ) |
| Filing 35 INTERVENOR COMPLAINT against , filed by Texas Attorney General, Texas Manufactured Housing Division, Summit Housing Transport, Texas Governor, Texas Department of Insurance, Hamilton Home Builders, Internation Fidelity Insurance Company, Western Surety Company, Texas Secretary of State, Wright's Manufactured Homes, Texas Department of Housing and Community Affairs, Travelers Casual and Surety Company of America, Robert's Mobile Home Service.(Fragstein, Karl) |
Filing 34
ORDER by Magistrate Judge Timothy P. O'Hara on 11/07/2024. It is ORDERED that the Motions at ECF 24, 25, 26 & 27 are granted and the Motions at ECF 19, 21, 28, 29 & 31 are denied.(jrobe, )
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| Filing 33 SUMMONS issued by Clerk, over the counter. (echa, ) |
| Filing 32 MEMORANDUM regarding #31 Tenth MOTION for Trial. Motion referred to Magistrate Judge Timothy P. O'Hara. By Judge Nina Y. Wang on 11/05/2024. Text Only Entry (nywlc7, ) |
| Filing 31 Tenth MOTION for Trial O'Hara by Defendants Texas Department of Housing and Community Affairs, Texas Manufactured Housing Division, Internation Fidelity Insurance Company, Travelers Casual and Surety Company of America, Western Surety Company, Hamilton Home Builders, Summit Housing Transport, Wright's Manufactured Homes, Robert's Mobile Home Service, Texas Attorney General, Texas Governor, Texas Secretary of State, Texas Department of Insurance. (Fragstein, Karl) |
| Filing 30 MEMORANDUM regarding #26 Seventh MOTION for Discovery, #28 Ninth MOTION to Produce, #29 Tenth MOTION to Enforce. Motions referred to Magistrate Judge Timothy P. O'Hara. By Judge Nina Y. Wang on 11/04/2024. Text Only Entry (nywlc7, ) |
| Filing 29 Tenth MOTION to Enforce #26 Seventh MOTION for Discovery O'Hara Case 1:24-cv-02614-NYW-TPO by Defendants Texas Department of Housing and Community Affairs, Texas Manufactured Housing Division, Internation Fidelity Insurance Company, Travelers Casual and Surety Company of America, Western Surety Company, Hamilton Home Builders, Summit Housing Transport, Wright's Manufactured Homes, Robert's Mobile Home Service, Texas Attorney General, Texas Governor, Texas Secretary of State, Texas Department of Insurance. (Fragstein, Karl) |
| Filing 28 Ninth MOTION to Produce O'Hara by Defendants Texas Department of Housing and Community Affairs, Texas Manufactured Housing Division, Internation Fidelity Insurance Company, Travelers Casual and Surety Company of America, Western Surety Company, Hamilton Home Builders, Summit Housing Transport, Wright's Manufactured Homes, Robert's Mobile Home Service, Texas Attorney General, Texas Governor, Texas Secretary of State, Texas Department of Insurance. (Fragstein, Karl) |
| Filing 27 Eighth CLAIM by Defendants Texas Department of Housing and Community Affairs, Texas Manufactured Housing Division, Internation Fidelity Insurance Company, Travelers Casual and Surety Company of America, Western Surety Company, Hamilton Home Builders, Summit Housing Transport, Wright's Manufactured Homes, Robert's Mobile Home Service, Texas Attorney General, Texas Governor, Texas Secretary of State, Texas Department of Insurance, Plaintiff Karl G. Fragstein. (Fragstein, Karl) |
| Filing 26 Seventh MOTION for Discovery O'Hara by Defendants Texas Department of Housing and Community Affairs, Texas Manufactured Housing Division, Internation Fidelity Insurance Company, Travelers Casual and Surety Company of America, Western Surety Company, Hamilton Home Builders, Summit Housing Transport, Wright's Manufactured Homes, Robert's Mobile Home Service, Texas Attorney General, Texas Governor, Texas Secretary of State, Texas Department of Insurance, Plaintiff Karl G. Fragstein. (Fragstein, Karl) |
| Filing 25 COMPLAINT Case 1:24-cv-02614-NYW-TPO against All Parties, filed by Texas Attorney General, Karl G. Fragstein, Texas Manufactured Housing Division, Summit Housing Transport, Texas Governor, Texas Department of Insurance, Hamilton Home Builders, Internation Fidelity Insurance Company, Western Surety Company, Texas Secretary of State, Wright's Manufactured Homes, Texas Department of Housing and Community Affairs, Travelers Casual and Surety Company of America, Robert's Mobile Home Service.(Fragstein, Karl) |
| Filing 24 AMENDED COMPLAINT 1:24-cv-02614-NYW-TPO against All Parties, filed by Texas Attorney General, Karl G. Fragstein, Texas Manufactured Housing Division, Summit Housing Transport, Texas Governor, Texas Department of Insurance, Hamilton Home Builders, Internation Fidelity Insurance Company, Western Surety Company, Texas Secretary of State, Wright's Manufactured Homes, Texas Department of Housing and Community Affairs, Travelers Casual and Surety Company of America, Robert's Mobile Home Service.(Fragstein, Karl) |
| Filing 23 COMPLAINT 1:24-cv-02614-NYW-TPO against All Parties, filed by Texas Attorney General, Karl G. Fragstein, Texas Manufactured Housing Division, Summit Housing Transport, Texas Governor, Texas Department of Insurance, Hamilton Home Builders, Internation Fidelity Insurance Company, Western Surety Company, Texas Secretary of State, Wright's Manufactured Homes, Texas Department of Housing and Community Affairs, Travelers Casual and Surety Company of America, Robert's Mobile Home Service. (Attachments: #1 Exhibit 28 U.S.C636(c))(Fragstein, Karl) |
| Filing 22 MEMORANDUM regarding #19 Sixth MOTION for Discovery. Motion referred to Magistrate Judge Timothy P. O'Hara. By Judge Nina Y. Wang on 10/31/2024. Text Only Entry (nywlc7, ) |
| Filing 21 TRAVERSE by Defendants Texas Department of Housing and Community Affairs, Texas Manufactured Housing Division, Internation Fidelity Insurance Company, Travelers Casual and Surety Company of America, Western Surety Company, Hamilton Home Builders, Summit Housing Transport, Wright's Manufactured Homes, Robert's Mobile Home Service, Texas Attorney General, Texas Governor, Texas Secretary of State, Texas Department of Insurance, Plaintiff Karl G. Fragstein. (Attachments: #1 Proposed Document 28 U.S.C636(c), #2 Proposed Document 28 U.S.C636(c), #3 28 U.S.C636(c), #4 28 U.S.C636(c), #5 28 U.S.C636(c), #6 28 U.S.C636(c))(Fragstein, Karl) |
| Filing 20 COMPLAINT 1:24-cv-02614-NYW-TPO against All Parties, filed by Texas Attorney General, Karl G. Fragstein, Texas Manufactured Housing Division, Summit Housing Transport, Texas Governor, Texas Department of Insurance, Hamilton Home Builders, Internation Fidelity Insurance Company, Western Surety Company, Texas Secretary of State, Wright's Manufactured Homes, Texas Department of Housing and Community Affairs, Travelers Casual and Surety Company of America, Robert's Mobile Home Service.(Fragstein, Karl) |
| Filing 19 Sixth MOTION for Discovery O'Hara by Defendants Texas Department of Housing and Community Affairs, Texas Manufactured Housing Division, Internation Fidelity Insurance Company, Travelers Casual and Surety Company of America, Western Surety Company, Hamilton Home Builders, Summit Housing Transport, Wright's Manufactured Homes, Robert's Mobile Home Service, Texas Attorney General, Texas Governor, Texas Secretary of State, Texas Department of Insurance, Plaintiff Karl G. Fragstein. (Fragstein, Karl) |
| Filing 18 MINUTE ENTRY for Status Conference held on 10/29/2024 before Magistrate Judge Timothy P. O'Hara. ORDERED: Plaintiff's "Motion for Surety Bonds to Be Release" [ECF #6 ] and "Motion for Judgment as a Matter of Law" [ECF #7 ] are DENIED without prejudice. Plaintiff's "Motion to Enter Demand Letters" [ECF #14 ], "Motion to Enter Record Detail Documents" [ECF #15 ], and "Motion to Enter Case No. CV21-14806 into the Record" [ECF #16 ] are GRANTED to the extent they seek admission of the documents attached into the case's record. To the extent these Motions request any other relief, they are DENIED. A Status Conference is set for March 4, 2025, at 10:00 a.m. in Courtroom C-402 before Magistrate Judge Timothy P. O'Hara. The Court directs the Plaintiff to the Clerk's Office to obtain summonses for serving the Defendants. FTR: C402. (jtorr, ) |
| Filing 17 MEMORANDUM regarding #14 Third MOTION to Unrestrict Document; #15 Fourth MOTION to Unrestrict Document; and #16 Fifth MOTION to Unrestrict Case. Motions referred to Magistrate Judge Timothy P. O'Hara. By Judge Nina Y. Wang on 10/28/2024. Text Only Entry (nywlc7, ) |
| Filing 16 Fifth MOTION to Unrestrict Case O'Hara by Defendants Texas Department of Housing and Community Affairs, Texas Manufactured Housing Division, Internation Fidelity Insurance Company, Travelers Casual and Surety Company of America, Western Surety Company, Hamilton Home Builders, Summit Housing Transport, Wright's Manufactured Homes, Robert's Mobile Home Service, Texas Attorney General, Texas Governor, Texas Secretary of State, Texas Department of Insurance, Plaintiff Karl G. Fragstein. (Attachments: #1 28 U.S.C636(c), #2 28 U.S.C636(c), #3 28 U.S.C636(c), #4 28 U.S.C636(c), #5 28 U.S.C636(c), #6 28 U.S.C636(C))(Fragstein, Karl) |
| Filing 15 Fourth MOTION to Unrestrict Document #14 Third MOTION to Unrestrict Document O'Hara filed by Hamilton Home Builders, Karl G. Fragstein, Travelers Casual and Surety Company of America, Internation Fidelity Insurance Company, Texas Manufactured Housing Division, Texas Secretary of State, Robert's Mobile Home Service, Texas Attorney General, Texas Governor, Western Surety Company, Summit Housing Transport, Texas Department of Housing and Community Affairs, Texas Department of Insurance, Wright's Manufactured Homes Lewis Brisbois law firm by Defendants Texas Department of Housing and Community Affairs, Texas Manufactured Housing Division, Internation Fidelity Insurance Company, Travelers Casual and Surety Company of America, Western Surety Company, Hamilton Home Builders, Summit Housing Transport, Wright's Manufactured Homes, Robert's Mobile Home Service, Texas Attorney General, Texas Governor, Texas Secretary of State, Texas Department of Insurance, Plaintiff Karl G. Fragstein. (Attachments: #1 Exhibit 28 U.S.C636(c))(Fragstein, Karl) |
| Filing 14 Third MOTION to Unrestrict Document O'Hara by Defendants Texas Department of Housing and Community Affairs, Texas Manufactured Housing Division, Internation Fidelity Insurance Company, Travelers Casual and Surety Company of America, Western Surety Company, Hamilton Home Builders, Summit Housing Transport, Wright's Manufactured Homes, Robert's Mobile Home Service, Texas Attorney General, Texas Governor, Texas Secretary of State, Texas Department of Insurance, Plaintiff Karl G. Fragstein. (Attachments: #1 Exhibit 28 U.S.C636(c))(Fragstein, Karl) |
| Filing 13 NOTICE of Entry of Appearance by Bolor Nyamaa on behalf of Western Surety Company, Wright's Manufactured HomesAttorney Bolor Nyamaa added to party Western Surety Company(pty:dft), Attorney Bolor Nyamaa added to party Wright's Manufactured Homes(pty:dft) (Nyamaa, Bolor) |
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Filing 12
MEMORANDUM regarding #7 MOTION for Judgment as a Matter of Law, and #6 MOTION for Order. Motions referred to Magistrate Judge Timothy P. O'Hara. By Judge Nina Y. Wang on 10/21/2024. Text Only Entry (nywlc7, )
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Filing 11
MINUTE ORDER by Magistrate Judge Timothy P. O'Hara on 10/17/2024. The Court will hold a Status Conference on Tuesday, October 29, 2024, at 10:00 a.m. inCourtroom C-402, on the fourth floor of the Byron G. Rogers United States Courthouse located at 1929 Stout Street, Denver, Colorado. If this date is not convenient, Plaintiff shall email Chambers at O'[email protected] to request that the Status Conference be reset. (jrobe, )
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Filing 10
REASSIGNING MAGISTRATE JUDGE. This action is reassigned to Magistrate Judge Timothy P. O'Hara upon his appointment. All future pleadings should reference Magistrate Judge O'Hara at the end of the civil action number (such as 24-cv-02614-NYW-TPO). Unless otherwise ordered, the dates and times for all previously scheduled matters will be maintained and will now be handled by Magistrate Judge O'Hara in Courtroom C-402. His chambers are located in Room C-452 of the Byron G. Rogers Courthouse. His telephone number is 303-335-2740. (Text Only Entry) (jtorr, )
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| Filing 9 Claim Construction Brief of #3 Magistrate Judge, 4 Order Referring Case to Magistrate Judge,,,,,, Kath A. Starnella. Responses due by 10/31/2024 (Fragstein, Karl) |
| Filing 8 ADVISORY NOTICE OF NONCOMPLIANCE WITH COURT RULES/PROCEDURES: re: #7 MOTION for Judgment as a Matter of Law, #6 MOTION for Order to filed by attorney Karl G. Fragstein.The document was not filed electronically. DO NOT REFILE THE DOCUMENT. Action to take - future documents must be filed pursuant to D.C.COLO.LCivR 5.1(a) and 4.1(a) of the Electronic Case Filing Procedures (Civil cases). (Text Only Entry) (norlin, ) |
| Filing 7 MOTION for Judgment as a Matter of Law by Plaintiff Karl G. Fragstein. (norlin, ) |
| Filing 6 MOTION for Surety Bonds to be Released by Plaintiff Karl G. Fragstein. (norlin, ) |
| Filing 5 NOTICE OF PRO SE E-FILING PRIVILEGES: Plaintiff, Karl G Fragstein, sought and received e-filing privileges on 9/24/2024. All further service will be effectuated electronically via CM/ECF to the email address of record. (Text Only Entry) (lrobe) |
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Filing 4
ORDER REFERRING CASE: This case is referred to Magistrate Judge Kathryn A. Starnella for all motions. Pursuant to 28 U.S.C. 636(b)(1)(A) and (B) and Fed. R. Civ. P. 72(a) and (b), this case is referred to the assigned United States Magistrate Judge to (1) convene a scheduling conference under Fed. R. Civ. P. 16(b) and enter a scheduling order meeting the requirements of D.C.COLO.LCivR 16.2, (2) conduct such status conferences and issue such orders necessary for compliance with the scheduling order, including amendments or modifications of the scheduling order upon a showing of good cause, (3) hear and determine pretrial matters, including discovery and other non-dispositive motions, and (4) conduct hearings, including evidentiary hearings, and submit proposed findings of fact and recommendations for rulings on dispositive motions. Court-sponsored alternative dispute resolution is governed by D.C.COLO.LCivR 16.6. On the request of the Parties by motion, this Court may direct the Parties to engage in an early neutral evaluation, a settlement conference, or another alternative dispute resolution proceeding. Alternatively, the Magistrate Judge, at her discretion, may convene such early neutral evaluation and/or settlement conferences and direct related procedures as may facilitate resolution of this case without the necessity of a motion or prior authorization of the undersigned. Counsel for the Parties and all counsel who may later enter an appearance shall review and familiarize themselves with the undersigned's Practice Standards, as well as the Practice Standards of the assigned Magistrate Judge. By Judge Nina Y. Wang on 09/23/2024. Text Only Entry (nywlc7, )
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| Filing 3 Magistrate Judge consent form issued pursuant to 28 U.S.C. 636(c). (echa, ) |
| Filing 2 Case assigned to Judge Nina Y. Wang and drawn to Magistrate Judge Kathryn A. Starnella. Text Only Entry. (echa, ) |
| Filing 1 COMPLAINT (NONCOMPLIANCE DAMAGE MANUFACTURED HOME HUDLABLE PF51Z3454Y) against Hamilton Home Builders, Internation Fidelity Insurance Company, Robert's Mobile Home Service, Summit Housing Transport, Texas Attorney General, Texas Department of Housing and Community Affairs, Texas Department of Insurance, Texas Governor, Texas Manufactured Housing Division, Texas Secretary of State, Travelers Casual and Surety Company of America, Western Surety Company, Wright's Manufactured Homes. Filing Fee: $405.00, Receipt Number:111895, filed by Karl Fragstein. (Attachments: #1 Receipt)(echa, ) |
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